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THE WILL OF RICHARD PELLEY
In the Name of God Amen. The twenty fifty day of November One thousand eight hundred and thirty six, I RICHARD PELLEY of HANT'S HARBOR, TRINITY BAY, in the Island of Newfoundland, Planter, being very sick and weak of body but of perfect mind and memory thanks be given unto God therefore calling into mind the mortality of my body knowing that it is appointed unto all men once to die do make and ordain this my last Will and Testament. Principally and first of all I give and commend my Soul into the hands of Almighty God that gave it and my body I commend to the Earth to be buried in devout Christian burial at the direction of my Executors nothing doubting but at the general resurrection I shall ? the same by the Almighty power of God and as touching ? worldly estate wherewith it hath pleased God to bless me in this life. I give bequest and dispose of the same in the following manner and form. Ffirst I give and bequeath to the Church now erected in HANS HARBOR the sum of twenty pounds currency to be expended for the benefit of the same by the direction and according to the judgment of my Executors. Also, I give to JOHN REED the youngest son of JOSEPH REED the sum of ten pounds currency and to RICHARD REED the Son of WILLIAM REED the sum of ten pounds currency to be paid unto them when they shall respectively become of age. I also give and bequeath unto my Grandson ALEXANDER PELLEY the sum of ten pounds over and above to that which I may hereafter give unto the said ALEXANDER PELLEY all my ffox and other traps I give to be used for the benefit of my three grandsons collectively until the younger of them shall be of the full age of twenty one years and to be entrusted to the care of my Grandson RICHARD and to be used at his discretion giving unto each of my grandsons an equal proportion of the probate of the same due them when the youngest shall be of age they are equally to be divided between them my nets and seins I give and bequeath as follows one seal net to each of my Grand Sons three new herring nets two old ? nets only to be ? use at one and the same season they are to have the use of the Salmon Nets for the common benefit of my Grandsons together with the other nets named above until the youngest of my said Grandsons shall become of age. And then the nets and seins are to be equally divided between them by the judgment of the Executors who I shall hereafter appoint MARTIN ADEY is to superintend and look after my large Caplin Seine with the youngest of my Grand Sons is of age when it is also to be shared in like manner with the other nets between my three grand sons equally MARTIN ADEY and JOSEPH REED my God son are each of them to have a proportionable share of the benefit derived from the use of the said seine when their own personal labor is used in hauling the same it is my express wish and desire that the privilege enjoyed by them the said MARTIN ADEY and JOSEPH REED shall not be transferred to any other person or persons as substitutes for their labor and attention which is and shall be necessarily required and for and during the term of MARTIN ADEY's superintendance of the said seine it is always and at all times to be remembered? and known to be the property of my three grandsons jointly and then when the youngest of my Grand Sons become of age all the privileges herein granted to MARTIN ADEY and JOSEPH REED in respect of the before named Seine shall forever cease and be at an end. I give and bequeath unto my Grand Son THOMAS my ? gun my portable desk and my bed and bedding. To my Grandson RICHARD my second best gun and the residue of my guns to be equally divided between my three Grand Sons with the exception of two guns which are to be given to JOSEPH REED and WILLIAM REED and to be tossed? for as to the allotment of the same in the presence of my Executors and after all my just debts together with my funeral expenses and the former bequests of this my said Will are paid and complied with give devise and bequeath unto my Grandsons RICHARD PELLEY ALEXANDER PELLEY and THOMAS PELLEY and to my Grand daughter ELEANOR PELLEY all the monies I may be possessed with and which may be due to me at the time of my decease together with all the interests arising theretofore both that which I have in the Public Hands and to be accounted for by my agent MR, DAVID DURREL(?) of POOLE in the County of Dorset England and also in the hands of any Merchant or other persons at the time of my decease to be equally divided between them my said Grandchildren as follows say one fourth share to each to each as they respectively become of age and in case of death of any or either of my said Grandchildren before they arrive to the age of twenty one years his or her share is then to be equally divided between them my Grandchildren according to the judgment of my Executors. The Garden now in the possession of JOHN HUSSON/HUSSOU(?) is to be enjoyed by him during the term of his natural life and at his decease is then to become the property of my Grandchildren and to be united? To the division of the before named Gardens and to be subjected to the same disposal. I also give and bequeath unto my three grandsons all my ffishing room together with all the erections thereon to be enjoyed by them jointly while they continue together but in case of a separation on the part of either of them by their leaving the said Room it is then to be divided between those who remain and the one or other of them so leaving the said room shall immediately quit ? to the part which he is hereby entitled to and relinquish the same for the benefit of the others. And it is my express command and my wish and desire is that the said ffishing Room or any part or parts thereof shall never be sold or otherwise disposed of to a stranger but shall continue to be and abide in the possession of my said Grandsons or their heirs male? Lawfully begotten forever. I give unto JOSEPH REED my Godson the Room which he at present occupies and as far back as the line of the intended New Road to him and his heirs forever JOHN HUSSON/HUSSOU(?) is to enjoy the space occupied with his present erected flake between the Old Path and the line of the intended new Road for and during the term of his natural life and at the time of his decease it is then to be given up and become the property of my three Grandsons to be enjoyed by them or their heirs and subject to the same divisions and conditions as theretofore named as respects the other part of my ffishing Room I give unto my Grand daughter ELEANOR my silk shawl now is the possession of JOSEPH REED to be reserved by her on the day of her marriage and then to be worn by her at the performance of the ceremony of the said Marriage. I give unto my three Grandsons RICHARD ALEXANDER AND THOMAS all my right title and interest in and to the Rooms and property of CHRISTOPHER HARRIS of SEAL COVE and JAMES EVANS(?) of HANTS HARBOR and all payments due to me on account of the said Rooms are to be ? by my Grandsons to their use and benefit and divided according to the intent and purpose of all and singular my other property named in this my said Will. JOHN HUSSON is to collect all my outstanding debts which were ? before the debts of the last two years past and which amount of the collected and receiving of the same is to be presented and laid before the Executors of this my Will and to be disposed of in manner following that is to say JOHN HUSSON is to receive one fifth share of the same for his service in collecting my three grandsons to receive two fifths to be divided equally between them and my Granddaughter ELEANOR the remaining two fifths all debts contested within the last two years to be divided between my three Grandsons in equal shares and in part of the same to be given to JOHN HUSSON my brother JOSIAH PELLEY is to enjoy the Room he at present occupies and to receive the Rent of the leased part now occupied by MESSRS SLADE AND KELSON for and during the term of his natural life and at his decease it is to be enjoyed by STEPHEN PELLEY the son of JOSIAH PELLEY for and during the term of his natural life and at his decease is to become the property of my three grandsons and their hers subject to the division as heretofore named as respects my other property according to the tenor and intent of this my Will. The said JOSIAH PELLEY or STEPHEN PELLEY paying yearly and every year the sum of ffive shillings until their decease as rent for the same My BROTHER ALEXANDER PELLEY is also to enjoy the room at present occupied by him for and during the period of his natural life and his son JOSEPH PELLEY is also to continue on the said Room and enjoy his part and which is now occupied by him for and during the period of his natural life each of them the said ALEXANDER PELLEY and his Son JOSEPH PELLEY paying to my Grandsons the sum of ffive shillings yearly as rent for the same and after their decease it is to become the property of my said Grandsons and their hers forever. And I do hereby constitute make and ordain JOHN TILLEY JOHN GREEN AND MARTIN ADEY to be the Executors of this my last Will and I do hereby give unto my three Grandsons all and singular the Residue of my Property of whatever and every kind not heretofore named in this my last Will and to be equally divided between them and I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any way before named willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I hereunto set my hand and seal the day and year above written.
Richard Pelley Senr.
Signed sealed published pronounced and declared by the said RICHARD PELLEY SENR as his last Will and Testament in the presence of us the subscribers JAMES QUINTS? JOHN TILLEY MARTIN ADEY
I certify the foregoing to be a true Copy of the last Will of the said RICHARD PELLEY taken from the Original in my Office Oct 14, 1837 .
E. M. ARCHIBALD Chief Clerk of the Sup. Court
Proved at London 13th July 1838 before Judge by the oaths of JOHN TILLEY in the Will written TILLEY JOHN GREEN and MARTIN ADEY the Executors to whom Admin was granted having been first sworn by ? duly to Administer.
Note: From my research, Richard Pelley was born 1764 and was buried Dec 4 1836. Eleanor Pelley was born 1824 and married Isaac Benson in 1842 Grates Cove
Transcribed by Susan Snelgrove, Uxbridge, ON, November 4, 2004 from the will at London Public Records Office, Prerogative Court of Canterbury.
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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